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Old 11-28-2007, 02:42 PM   #18
Mike P
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Quote:
Originally Posted by stripersnipr View Post
If I'm not mistaken the father in that case is currently or was recently on trial for sexual assaulting another 13 yo family member, which occured before the overdose. Maybe if he was where he belonged (in jail awaiting trial) the 3 yo might still be alive.
In many states, you have a state constitutional right to bail in any non-capital case.

In Massachusetts, you can only be held without bail for first degree murder (still defined on the books as a capital crime), or, if you are charged with a certain designated felony and are found to present a danger to the safety of either another person, or the community at large, after a hearing. MGL ch. 276 sec. 58A

Indecent A&B on a child under 14 probably doesn't qualify under 58A, because use of physical force isn't an element of the crime. Physical force is more than mere touching.

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